A5646
Memo:
BILL NUMBER: A5646
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PURPOSE OR GENERAL IDEA OF BILL:
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Requires foreign corporations providing gambling or wagering over the internet to file for authorization to do business in this state with the secretary of state.
SUMMARY OF SPECIFIC PROVISIONS:
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Adds a new paragraph a-1 to section 1301 of the Business Corporation Law to require a foreign corporation providing gambling or wagering services in this state to register with the Department of State.
JUSTIFICATION:
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Approximately 16 companies offer interactive wagering programs on the internet. All of these companies are situated in foreign countries and market their services to New York State residents.
This bill would require internet gambling companies to register as foreign corporations doing business in New York so that residents of this State may reach such corporations for service of process.
PRIOR LEGISLATIVE HISTORY:
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1997-1998: S.4174/A.8044 (Larkin/Crowley) Passed Senate.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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Minimal.
EFFECTIVE DATE:
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90 days after it becomes law.
Status:
A 5646 Gromack
Business Corporation Law
TITLE.... Requires foreign corporations providing gambling or wagering over the internet to file for authorization to do business in this state with the secretary of state
03/01/99 referred to corporations, authorities and commissions
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Text:
STATE OF NEW YORK
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5646
1999-2000 Regular Sessions
I N A S S E M B L Y
March 1, 1999
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Introduced by M. of A. GROMACK -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the business corporation law, in relation to requiring any foreign corporation providing gambling or wagering over the internet to be authorized to do business in this state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1301 of the business corporation law is amended by
2 adding a new paragraph (a-1) to read as follows:
3 (A-1) A FOREIGN CORPORATION PROVIDING GAMBLING OR WAGERING SERVICES OR
4 ACTIVITIES IN THIS STATE BY MEANS OF ANY COMPUTER COMMUNICATION SYSTEM
5 SHALL BE DEEMED TO BE DOING BUSINESS IN THIS STATE AND SHALL THEREFORE
6 BE REQUIRED TO OBTAIN AUTHORIZATION TO DO BUSINESS IN THIS STATE. THE
7 APPLICATION THEREFOR, SUBMITTED PURSUANT TO SECTION THIRTEEN HUNDRED
8 FOUR OF THIS ARTICLE, OR ANY AMENDMENT OR CHANGE MADE PURSUANT TO
9 SECTION THIRTEEN HUNDRED EIGHT OF THIS ARTICLE SHALL EXPLICITLY STATE
10 THAT SUCH CORPORATION INTENDS TO PROVIDE GAMBLING OR WAGERING SERVICES
11 OR ACTIVITIES BY MEANS OF A COMPUTER COMMUNICATION SYSTEM.
12 ยง 2. This act shall take effect on the ninetieth day after it shall
13 have become a law.